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    • ok looks like that's what you need to do. but keep it bare bones for now as post 5  
    • stuff and all if there no signed agreement in the return   dx  
    • 1st again why do you keep changing things before you send them   you've added counterclaim in to our std CPR 31:14 you sent? why? this opens you up to additional costs and I hope you didnt tick counterclaim when you did AOS on mcol too?   also I notice you've  played with our std OD defence above too...   pers I would refrain from continuing to change things as they are written in the frain they are for specific reasons.   your defence is due by 4pm Monday [day 33]   here are 2 versions you will ofcourse need to adapt them to lowells para no's and remove the NOA stuff as your docs show Lowell have complied with those. but don't forget to mention other documents provided to date notably statements contain no proof they came from Lloyds but rather Lowells own internal data system    dx   1. It is admitted with regards to the Defendant entering into an Agreement referred to in the Particulars of Claim ('the Agreement') with the [insert original creditor] . .  2. The defendant denies that the account exceeded the agreed overdraft limit due to overdrawing of funds but is as a result of unfair and extortionate bank charges/penalties being applied to the account. .  3. I refute the claimants claim is owed or payable. The amount claimed is comprised of amongst others default penalties/charges levied on the account for alleged late, missed or over limit payments. The court will be aware that these charge types and the recoverability thereof have been judicially declared to be susceptible to assessments of fairness under the Unfair Terms in Consumer Contracts Regulations 1999 The Office of Fair Trading v Abbey National PLC and others (2009). I will contend at trial that such charges are unfair in their entirety. .  4. It is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer crediticon Act 1974. The Claimant has yet to provide a copy of the Notice of Assignment its claim relies upon. .  5. The claimant is denied from added section 69 interest within the total claimed that as yet to be decided at the courts discretion. .  6. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. .  The claimant is also put to strict proof to:-. .  (a) Provide a copy agreement/facility arrangement along with the Terms and conditions at inception, that this claim is based on.  (b) Provide a copy of the Notice served under 76(1) and 98(1) of the CCA1974 Demand /Recall Notice and Notice of Assignment.  (c) Provide a breakdown of their excessive charging/fees levied to the account with justification.  (d) Show how the Claimant has reached the amount claimed.  (e) Show how the Claimant has the legal right, either under statute or equity to issue a claim.  (f) Show how they have complied with sections III & IV of Practice Direction - Pre-action Conduct. .  7. On receipt of this claim I requested documentation by way of a CPR 31.14 request dated [xxxxxxx] namely the Agreement and Termination Demand Notice referred to in the claimants Particulars of Claim. The Claimant has failed to comply with this request. .  By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief. .  .............. or  Particulars of Claim  1.The claim is for the sum of 2470.56 in respect of monies owing pursuant to an overdraft facility under account number XXXXXX XXXXXXXXXX.  2.The debt was legally assigned by Santander UK Plc to the claimant and notice has been served.   3.The Defendant has failed to repay overdrawn sums owing under the terms and conditions of the bank account.   The Claimant claims:  The sum of 2470.56 Interest pursuant to s69 of the county courticon Act 1984 at a rate of 8.00 percent from the 7/04/2015 to the date hereof 14 days is the sum of 7.58Daily interest at the rate of .54  Costs Defence  The Defendant contends that the particulars of the claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.   1. It is admitted with regards to the Defendant once having had banking facilities with the original creditor Santander Bank. It is denied that I am indebted for any alleged balance claimed.   2. Paragraph 2 is denied.I am not aware or ever receiving any Notice of Assignment pursuant to the Law and Property Act 1925. It is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer crediticon Act 1974. The Claimant has yet to provide a copy of the Notice of Assignment its claim relies upon.   3. Paragraph 3 is denied. The Original Creditor has never served notice pursuant to 76(1) and 98(1) of the CCA1974  Any alleged amount claimed could only consist in the main of default penalties/charges levied on the account for alleged late, rejected or over limit payments. The court will be aware that these charge types and the recoverability thereof have been judicially declared to be susceptible to assessments of fairness under the Unfair Terms in Consumer Contracts Regulations 1999 The Office of Fair Trading v Abbeyicon National PLC and others (2009). I will contend at trial that such charges are unfair in their entirety.  4. As per Civil Procedureicon Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.  The claimant is also put to strict proof to:-.  (a) Provide a copy agreement/overdraft facility arrangement along with the Terms and conditions at inception that this claim is based on.  (b) Provide a copy of the Notice served under 76(1) and 98(1) of the CCA1974 Demand /Recall Notice and Notice of Assignment.  (c) Provide a breakdown of all excessive charging/fees and show how the Claimant has reached the amount claimed.   (d) Show how the Claimant has the legal right, either under statute or equity to issue a claim.  (e) Show how they have complied with sections III & IV of Practice Direction - Pre-action Conduct.  5. On receipt of this claim I requested documentation by way of a CPR 31.14 request dated April 2015 namely the Agreement and Termination Demand Notice referred to in the claimants Particulars of Claim. The Claimant has failed to comply with this request.   By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.  Regards  Andy    
    • Hi   Just read your thread and looked at the Docs posted in your PDF.   1. from AST to rent a Car Parking space you need to have signed a Car Parking Agreement for a Space and for visitors you should have asked permission for another space in advance with a fee to pay. (i also assume renting a parking space would be at a cost)   2. You have no signed Car Parking Agreement nor visitor space agreement.   Did you not fully read that AST before you signed it and pick up what is stated about parking and ask them about this Car Parking Agreement and if you need one to park in the car park?   You could formally complain to them about what was verbally said to you but unless you have evidence of this it may be hard to prove.   You should also contact them and ask how you go about renting a Car Parking space/costs and about the Car Parking Agreement also what the process is for a visitor car parking space/costs.   You need to be aware that they could class you and your visitor as illegally parking in there car park without consent nor a signed car parking agreement which they could use as a Breach of your Tenancy Agreement so you need to be careful in how you are approaching this and where you are parking.   Just for info on checking Manchester Life website they have numerous buildings/apartments/car parks but you may be in a building where some of the apartments are leasehold and as part of there leasehold they may have purchased a car parking space in that building. (so how do you know you are not parking in a space that someone in the building has legally purchased?)
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Poppay2

Moorcroft - midas credit services

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Hi All

 

Been away for a while, (Poppay) now Poppay2, lost my password ....

 

Being chased by Moorcroft for a debt that they cannot produce a CCA for, have it writing that the client does not have a CCA.

 

Recieved a letter today headed 'LITIGATION WARNING' from company called Midas Credit Services, stating reviewing account for 'possible' recommendation to external solicitors acting on behalf of our clients.... blah blah blah...

 

It goes on to urge me to contact Moorcroft Debt Recovery...... by tomorrow no less....

 

Not unduly perturbed by this, but are they trying to project that midas are they're 'banana dept' ?

 

Anyone else had a letter from Midas?

 

Would be interested to know.

 

cheeers

 

Poppay8-)

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just a bloke at the next desk wearing a diff dress

 

ignore them.

 

dx

  • Haha 1

PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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i'll findout what is going on with poppay for you too

as that username is shown as a guest!

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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Hi dx100

 

Thanks for your reply.

 

I was thinking it was just the chap at the next cubicle too.

 

Would appreciate you finding out what is going on with my original log in details.

 

many thanks.

 

Poppay

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Hi Pop,

Ignore Midas,part of Moorcrap,trying to put pressure on you all hot air.

Question for caggers,Why do Moorcrap exist ?...they are absolutely useless as DCA's i'm more scared of the paperboy than these idiot's.

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hi twoman

my thoughts exactly, but, hope to alert others to there new 'parlour trick'.

 

big giveaways are the words 'may' , 'possible' etc etc and also the fact that they encourage one to contact Moorcroft Debt Recovery.

 

Hence, this is the UMPTEENTH letter that I shall ignore.

 

:)

Poppay

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poppay, cut em up for post it notes. Good suggestion from a Cagger.. I love it when Moorcrap get any of my debts, you know your in for an easy time...Big bad pussy-cats those morons. (not) Every time I correspond with them I bill them. Think I will employ crapquest to get me money from them. No better still try freds they can use there pet solicitor Brian....

 

They buy some lemons that outfit. Though you only have to think if they scare just 4 of every 100 that they buy or collect on behalf on, that is some figure... 4% is the lower figure of mail shot run. You send out a 100 offers or services and you are expected at least a 4% return. Now I know from experience that people still consider debt a taboo subject in this country and they don't like discussing it with family, friends or work colleagues. I know because I was surprised that a few of my work colleagues were experiencing the dreaded DCA's and paying extortionate payment plans. I have since put them in touch with this site and they are far happier and healthier for it.

 

This country needs to wake up to its rights and the rip off nature of our service industries here...


[sIGPIC][/sIGPIC]Happyhippy1959

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Totally agree with all the above - just ignore it. It is just yet another bullying tactic that has failed!

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Hi HappyHippy

 

I totally agree with ya.

 

DCAs made my life a misery few yrs ago when I was unemployed and until I found this site.

 

I too tell people about this site and that its not the end of the world when you get a DCA bullying you for money, isnt that extortion?

Thankfully I have wised up now, and yes, my health and happiness have improved no end.

 

My eyes are now open thanks to this site and all the wonderful people that have helped and supported me through less enlightened times. :)

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I'm with you there Tingy.

 

But having had this lot chasing me for yrs for other things this was first time I saw this tactic.

 

Thought it best to let others know. As it reminded me of recent hassle with RBS and their legal henchmen.

 

Have a great weekend all.... i'm off to celebrate my birthday..... :)

 

Poppay

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here here poppay,,,,,, It feels great when these **** going hurrying for cover as they know you are not going to be a push over.

 

One word of warning to any newbies. I have looked back on the last 2.5 years and at first I had CAB dealing with them. I must say the CAB lady kept going through the worst case scenarios like, they will probably go for charging order or CCJ etc etc... When I wrote 8 months ago to say I was dealing with my creditors myself she seemed a little shocked. Just an observation... in fact the opening line of her reply letter was ( Thank you for your interesting letter) hmmm


[sIGPIC][/sIGPIC]Happyhippy1959

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Hi Hippy, I recall a CAB advisor asking this forum for advice to help one of her clients (good for them)...Hopefully whomever you wrote to will be better able to assist clients in future too!


:lol:

Successfully claimed back mis-sold PPI (Barclays Bank) 2009-10 (£8500)

Ran a paid-for DMP. Deeply respect those who self-manage a DMP; it is possible to do with the help of fellow CAGGERS

Offered F&F to all my creditors. All closed out including a particularly intransigent and stubborn one - who eventually saw sense after 10 months of nonsense!

Does not condone debt avoidance but violently disagrees with the antics of debt collectors and their behavior towards the ones trying to pay. I am a great believer in what goes around, comes around. Keep up the good fight!

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yep,, I had to tell her a lot about what they can and can't do... I don't think in all fairness they want to get involved in the nitty gritty of legal, they just want to help you out with payment reduction more than stopping those bully-boys. As I have said, have put a least five colleagues in contact with this site. They are a lot lot happier.

 

My credit score is shot to hell,,,,, House negative equity,,, DCA's don't scare the hippy, for everything else there's CAG.!!!!!!!!!!!!!!!


[sIGPIC][/sIGPIC]Happyhippy1959

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hi, there, i had one of these letters , moorcroft- midas, today, glald i looked on this site again, thank's everybody.

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